High Court · 2025

Counsel for the Respondent Nos. 1,3,4&5: GP FOR REVENIJE Counsel for the Respondent No.2: GP FOR LEGAL SERVI(ES The Court made the following: ORDER / i-\ HON'BLE SRI JT'STICE J. SREENryAS RAO WRIT PETITION No.23473 of 2OO8 ORDER: This writ petition is liled seeking the following relief: "... to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus to direct the respondents to pay the compensation for the land acquired by the Government as per the existing land value assessment for thc land acquired by the respondents from the petitioner ald declurrc the action of the respondents in paying the compensation as per the assessment va.lue existed 32 years back as arbitrary, illegal by setting aside the proceedings of C.C.No-T/ 1278175 and consequently direct the respondents to consider the application for tJ.e sanction of compensation as per the existing market value aI'td sanction the amount of compensation and may pass such order or lurther ordcrs ..."

2. l{card Sri P-Bhanu Prakash, learned counsel for the petitioner ar-rd the Iearned Assistant Government Pleader for Revenue (Assignment) appearing on behalf of respondent Nos. 1, 3, 4 ar-rd 5. No representation on behalf of respondent No.2.

3. Learnql counsel for the petitioner submitted that the petitioner is the or.r'ner ol the agricultural land to an extent of 2 Ac. 11-OO in Sy.No.37 situated at Ekmai Village Basheerabad Mandal, Ranga Reddy District. He further subr-ritted that the subject land does not come within the pr rrview of the provisions of the Andhra Pradesh Land Reforrrs (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter -eferred to as 'the ActJ and Rules made there under. Howe ver, the Land Reforms Tribunal, Vikarabad (hereinafter refer red to as .the TribunalJ, without properly examining the records and without considering the contentions of the resFrective parties, passed the order dated 01.04.1977 in C.C. :noTl1278175 holding that the petitioner is declared as a surplus land holder. The petitioner filed the writ petition c n 10.09.2008 seeking direction to the respondents to pay the compensation for the land acquired by the Government as pt r the existing land value. During pendenc-1' ol the writ petition, the petitioner filed application i.e. W.P.M.P. No.31949 of 2075 seeking amendment of the pra-ver questioning _he validity of the order dated 01.04.1977 passed b1, thc Tri runal in C.C. No.T/1278/7 5 and the sard application u,ar ordered on

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4. Per contra, the learned Assistant Government pleader submitted that the petitioner is not entitled to seek compensation in respect of the subject property, as it belongs to the Government, and the petitioner is not entitled to question the validity of the order dared 01.04. 1977 passed by the Tribunal. t

5. This Court considered the rival submissions made by the respective parties and perused the material available on record. The petitioner filed the writ petition questioning the order dated O1.O4.I977 passed by the Tribunal in C.C. No.T/1278/75. Aggrieved by the said impugned order, the petitioner is having remedl. ol appeal under Section 2l of the Act and further remed,\' o[ revision under Sectiot 22 of ttre Act. However, the petitioner, without availing the same, filed the present writ petition questioning the said order, which is not permissible under law. Unless and until the petitioner succeeded in the land ceiling proceedings, he is not entitled to claim any compensation as per the provisions of the Land Acquisition Act, I 894. 4

6. Accordingly, the writ petition is dismissed. However, the petitioner is granted liberty to avail the remedics as available under law, if he is aggrieved. No order as to cos s. Pending miscellaneous applications, if any, shall stand closed. /ffRUE COPY// A SD/.V.KAVITHA I {lrr necrsr*o1 I {."1r*-ott'".* To, 1 2 2 4 One CC to SRl. P. BHANU PRAKASH, Advocate I Two CCs to GP FOR REVENUE ,High Court for the Stale of Telangana at Hyderabad [OUT] Two CCs to GP FOR LEGAL SERVICES, High Court fc,r the State of Telangana, at Hyderabad [OUTI Two CD Copies BM GJPtk HIGH COURT DATED:1210212025 ORDER WP.No.23473 of 2008 Rl +E S l4 ( o ); () 16tu|M! -+ * 9rs DISMISSING THE WRIT PETITION WITI.{OUT COSTS ( 4- 2-\